antomar/AdobeStock
1
Juli
2024

Search and rescue operations and fundamental rights - June 2024 update

The EU Agency for Fundamental Rights regularly collects data on the operations of NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as any difficulties in disembarking migrants in safe ports. This paper provides an overview of criminal investigations and other legal proceedings initiated by European Union (EU) Member States against civil society organisations deploying search and rescue vessels and aircraft in the Mediterranean and/or against individual crew members. The latest update covers the period from 2018 up until the end of May 2024.

This Annex provides an overview of administrative and criminal proceedings initiated by EU Member States against search and rescue (SAR) assets—vessels or reconnaissance aircraft—and/or their crew. It starts with procedures initiated in Italy, followed by Germany, Malta, the Netherlands, and Spain. It lists ongoing as well as closed proceedings known to FRA.

The Annex reflects information from 2017 until 31 May 2024. The legal proceedings are listed in inverted chronological order, based on the date each proceeding was initiated.


Start date: March 2024
Status: Procedure pending
Key steps:

  • March 2024: After disembarking 249 people, the port authorities detained the vessel in the port of Marina di Carrara (Tuscany) for 20 days. They imposed a fine on MSF for conducting three consecutive rescue operations and not disembarking after the first one, as required by Law No. 15/2023.
  • March 2024: MSF lodged an appeal at the Civil Court of Massa against the detention of the vessel.
  • April 2024: The Court of Massa rejected the request to suspend the detention.

Start date: February 2023
Status: Procedure pending
Key steps:

  • February 2023: After the vessel’s last mission, in which 48 people were rescued from distress at sea, it was blocked at the port for 20 days and MSF was ordered to pay a fine of 5,000 EUR.
  • May 2023: An appeal was lodged against the detention of the vessel and the fine imposed.

Start date: July 2021
Status: Vessel released
Key steps:

  • July 2021: The vessel was detained at the port of Augusta (Sicily) after an inspection of 14 hours on grounds of identified deficiencies.
  • July 2021: The vessel was released after 24 days of detention.

Start date: March 2018
Status: Acquittal
Key steps:

  • March 2018: The Catania District Prosecutor’s Office opened an investigation against the captain, the mission head, and the director of Open Arms on the grounds of “criminal association” and “facilitation of irregular migration” (Catania) and on suspicion of disobedience of Interior Ministry orders (Ragusa).
  • May 2019: The Catania District Prosecutor’s Office (Sicily) closed its investigations against the captain and the mission head, while accusations of disobedience of Interior Ministry orders remained pending.
  • November 2020: The Tribunal of Ragusa (Sicily) dismissed the case.

Start date: January 2024
Status: Procedure pending
Key steps:

  • January 2024: After disembarking 57 people, the port authorities detained the vessel for 20 days in the port of Crotone (Calabria) and imposed a fine on the NGO for obstructing the Libyan Coast Guard.
  • January 2024: The NGO lodged an appeal before the Court of Crotone.

Start date: October 2023
Status: Procedure pending
Key steps:

  • October 2023: After disembarking 176 people, the port authorities detained the vessel for 20 days in the port of Marina di Carrara (Tuscany) and imposed a fine on the NGO for conducting three consecutive rescue operations and not disembarking after the first one, as required by Law No. 15/2023.
  • October 2023: The NGO lodged an appeal before the Court of Massa Carrara.

Start date: August 2023
Status: Procedure pending
Key steps:

  • August 2023: After disembarking 196 people, the port authorities blocked the vessel in the port of Marina di Carrara (Tuscany) for 20 days and imposed a fine on the NGO for conducting three consecutive rescue operations and not disembarking after the first one, as required by Law No.  15/2023.
  • September 2023: The NGO lodged an appeal before the Court of Massa Carrara.

Start date: April 2021
Status: Vessel released
Key steps:

  • April 2021: The vessel was seized after a port state control due to technical irregularities related to maritime security.
  • June 2021:The vessel was released after more than eight weeks in detention at the port.

Start date: August 2019
Status: Vessel released
Key steps:

  • August 2019: The vessel was seized in Licata by the Prosecutor of Agrigento (Sicily).
  • August 2019: The ship was released.

Start date: March 2018
Status: Vessel released
Key steps:

  • March 2018: The ship was seized pre-trial in Pozzallo (Sicily) for violating the Code of Conduct for Rescue NGOs and for endangering the lives of migrants.
  • April 2018: The Tribunal of Ragusa (Sicily) ordered the release of the ship.
  • May 2018: The Criminal Court of Ragusa confirmed the release of the ship.

Start date: February 2024
Status: Ongoing proceeding, vessel released
Key steps:

  • February 2024: After disembarking 261 people, the port authorities detained the vessel for 20 days in the port of Brindisi (Apulia) and imposed a fine of 3,333 EUR on the NGO for not following the instructions of the Libyan Coast Guard.
  • February 2024: The NGO lodged an appeal before the Civil Court of Brindisi against the detention and the fine.
  • February 2024: The Civil Court of Brindisi suspended the detention.

Start date: December 2023
Status: Procedure ongoing
Key steps:

  • December 2023: After disembarking 244 people, the port authorities detained the vessel in the port of Bari (Apulia) for 20 days and imposed a fine of 3,300 EUR on the NGO for not following the instructions of the Italian authorities. 
  • January 2024: The NGO lodged an appeal.

Start date: November 2023
Status: Procedure ongoing
Key steps:

  • November 2023: After disembarking 128 people, the port authorities detained the vessel in the port of Bari (Apulia) for 20 days and imposed a fine of 3,300 EUR on the NGO for conducting multiple consecutive rescue operations and not disembarking after the first one, as required by Law No. 15/2023.
  • November 2023: The NGO lodged an appeal against the detention and the fine.

Start date: July 2023
Status: Vessel released
Key steps:

  • July 2023: After a seven-hour control in the port of Civitavecchia, the port authorities detained the vessel after having found technical and administrative deficiencies.
  • July 2023: The detention was revoked after ten days because the port authorities recognised that the ship complied with the applicable regulations.

Start date: January 2022
Status: Vessel released
Key steps:

  • January 2022: The vessel was subjected to an administrative seizure after an 11-hour state port control at the port of Trapani.
  • January 2022: The vessel was released after 17 days of detention in the port of Trapani, following the correction of the deficiencies previously identified by the authorities.

Start date: July 2020
Status: Vessel released
Key steps:

  • July 2020: The vessel was subjected to an administrative seizure at the port at Porto Empedocle (Sicily) after a state port control found technical irregularities related to maritime security. In November 2020, the vessel was granted a single voyage authorisation to proceed to a shipyard in Augusta (Sicily).
  • December 2020: The vessel was released after the irregularities were fixed, and no appeal of the seizure was made.

Start date: January 2023
Status: Procedure pending
Key steps:

  • January 2023: Following an inspection in Palermo in 2020, the NGO faces the risk of a fine being imposed by the Italian government.

Start date: January 2022
Status: Vessel released
Key steps:

  • January 2022: After disembarking 176 rescued migrants, the vessel was blocked in the port of Lampedusa (Italy) under a ten-day mandatory quarantine, despite all crew testing negative for Covid-19 and being fully vaccinated.
  • February 2022: The vessel was released.

Start date: May 2020
Status: Vessel released
Key steps:

  • May 2020: The vessel was subjected to an administrative seizure in Palermo (Sicily) due to technical irregularities related to maritime security.
  • July 2020: The vessel was released.

Start date: June 2018
Status: Vessel released
Key steps:

  • June 2018: The vessel was prohibited from docking.

Start date: March 2023
Status: Procedure pending
Key steps:

  • March 2023: The vessel was blocked for 20 days in the Port of Lampedusa for violating Italy’s Decree No. 1/2023.
  • May 2023: The vessel returned to the Mediterranean Sea.
  • June 2023: The NGO operating the ship filed a complaint against the 20-day detention imposed on the asset in March 2023.

Start date: March 2021
Status: Procedure pending
Key steps:

  • March 2021: The Ragusa Public Prosecutor’s Office (Sicily) opened a case for “aiding and abetting illegal immigration” against four crew members. They were accused of receiving money in exchange for the transhipment of a group of migrants.
  • December 2022: The Tribunal of Ragusa ordered the seizure of 125,000 EUR worth of assets belonging to the Idra Social Shipping company, the owner of the ship.
  • March 2023: The prosecutor brought charges against seven crew members and the Idra Social Shipping company for aiding and abetting irregular immigration for profit. Four crew members were also charged with irregularities related to rules established in the navigation code.
  • June 2023: The Public Prosecutor’s Office in Ragusa requested an indictment and awaited the setting of the preliminary hearing.
  • February 2024: Preliminary court hearings began against seven members of the crew.

Start date: September 2020
Status: Acquittal
Key steps:

  • September 2020: Rescue staff from the NGO’s Rescue and Medical Team were denied boarding by the Italian Coast Guard at the Port of Pozzallo (Sicily) and the Port of Augusta (Sicily), respectively.

Start date: June 2020
Status: Procedure pending
Key steps:

  • June 2020: The Office of the Public Prosecutor in Ragusa (Sicily) opened Investigations against the captain and ship-owner following the rescue operations’ disembarkation in Pozzallo (Sicily). This was due to their refusal to obey orders from maritime authorities.

Start date: May 2019
Status: Acquittal
Key steps:

  • May 2019: An investigation was opened against the captain, the coordinator, and the shipowner for “aiding and abetting illegal migration”.
  • October 2021: The Public Prosecutor’s Office in Agrigento (Sicily) requested the dismissal of the charges against the shipowner and shipmaster.
  • January 2022: The judge for preliminary investigations at the Tribunal of Agrigento (Sicily) dismissed the charges against the shipmaster and the head of mission.

Start date: March 2019
Status: Acquittal
Key steps:

  • March 2019: An investigation was launched by the Prosecutor of Agrigento (Sicily) against the captain and the mission head for “aiding illegal immigration” and for refusing to obey a warship.
  • December 2020: The Tribunal of Agrigento (Sicily) closed the investigation and dismissed the case.

Start date: April 2024
Status: Procedure pending
Key steps:

  • April 2024: After disembarking 56 people, the port authorities detained the vessel for 20 days in the port of Pozzallo (Sicily) and imposed a fine on the NGO for instigating the escape of migrants from the Libyan Coast Guard.
  • April 2024: An appeal was lodged at the Court of Ragusa against the detention and the fine.
  • April 2024: The court rejected the request to suspend the detention at the port.

Start date: October 2023
Status: Procedure pending
Key steps:

  • October 2023: After disembarking 69 people, the port authorities detained the vessel for 20 days in the port of Trapani and imposed a fine on the NGO for failing to inform the Libyan Coordination Centre and for not requesting the assignment of a port of disembarkation in Libya.
  • November 2023: An appeal was lodged at the Court of Trapani against the detention and the fine.

Start date: December 2021
Status: Vessel released
Key steps:

Start date: November 2020
Status: Vessel released
Key steps:

  • November 2020: The vessel was blocked in the port of Venice for mandatory maintenance work as provided for by the Italian Naval Register.

Start date: September 2019
Status: Vessel released
Key steps:

Start date: May 2019
Status: Vessel released
Key steps:

  • May 2019: The vessel was seized in Lampedusa due to accusations against the captain and the mission head.
  • May 2019: The Prosecutors of Agrigento (Sicily) did not uphold the seizure but ordered another type of impoundment to collect for more evidence to be collected.

Start date: March 2019
Status: Vessel released
Key steps:

  • March 2019: The vessel was seized in Lampedusa due to accusations against the captain and the mission head, according to which they were involved in facilitating irregular migration.
  • March 2019: The ship was released after a week.

Start date: March 2024
Status: Procedure pending
Key steps:

  • March 2024: After disembarking 144 people, the port authorities detained the vessel for 60 days at the port of Reggio Calabria (Calabria) and imposed a fine of 3,333 EUR on the NGO for not following the instructions of the Libyan Coast Guard.
  • March 2024: An appeal was lodged.
  • June 2024: The Court of Reggio Calabria decided that the detention was unlawful.

Start date: October 2023
Status: Procedure pending
Key steps:

  • October 2023: After disembarking 48 people, the port authorities detained the vessel at the port of Vibo Marina (Calabria) for 20 days and imposed and fine of 3,333 EUR on the NGO for not following the instructions of the Libyan Coast Guard.
  • November 2023:The NGO filed a lawsuit against the detention before the Civil Court of Vibo Valentia (Calabria).

Start date: August 2023
Status: Procedure pending
Key steps:

  • August 2023: The port authorities detained the vessel in the port of Salerno (Campania) for 20 days and imposed a fine of 3,333 EUR on the NGO for conducting three consecutive rescue operations and not disembarking after the first one, as required by Law No. 15/2023.
  • October 2023: An appeal was lodged.

Start date: June 2023
Status: Procedure pending
Key steps:

  • June 2023: After disembarking 49 people, the port authorities blocked the vessel in the port of Ortona (Abruzzo) for 20 days and imposed a fine of 3,333 EUR on the NGO.
  • The NGO filed a lawsuit at the Civil Court of Chieti against the 20-day detention in Ortona and the associated fine.

Start date: June 2021
Status: Vessel released
Key steps:

  • June 2021: The vessel was seized after a port state control due to technical irregularities related to maritime security, including the transportation of too many passengers.
  • August 2021: The vessel was released with the support of the Ship Safety Department of BG Verkehr (German insurance company).

Start date: August 2023
Status: Procedure pending
Key steps:

  • August 2023: The vessel disembarked 72 rescued people in Lampedusa (Sicily) instead of heading towards the allocated place of safety in Trapani, due to the lack of fuel to reach Trapani. Following an inspection by the Italian Coast Guard, the prefecture of Agrigento imposed a fine (3,333 EUR) and blocked the vessel.
  • September 2023: The NGO appealed against the detention and the fine before the Civil Court of Agrigento.

Start date: June 2023
Status: Procedure pending
Key steps:

  • June 2023:  The vessel was blocked in the port of Lampedusa (Sicily) for 20 days and fined 3,333 EUR for refusing to head to the assigned port after its rescue operation and instead proceeding to the nearest one.
  • June 2023: Sea-Watch appealed the detention and the fine and sought interim measures to request the release of the vessel.

Start date: March 2024
Status: Procedure pending, vessel released
Key steps:

  • March 2024: After disembarking 56 people, the port authorities in Pozzallo (Sicily) detained the vessel for 20 days for not following the instructions of the Italian Maritime Rescue Coordination Centre.
  • March 2024: The Court of Ragusa (Sicily) issued a suspensive order because it did not find any unlawful behaviour.
  • April 2024: The NGO sent a notice to the Italian Maritime Rescue Coordination Centre to not subordinate the activities of SAR vessels to the instructions of the Libyan Coast Guard.


Measures against the aircraft

  • May 2024: The Italian Civil Aviation Authority imposed a fine of 2,064 EUR on the NGO for disregarding the requirement to depart for search operation from specific airports in Sicily.

Start date: September 2020
Status: Vessel released
Key steps:

  • September 2020: The vessel was subjected to an administrative seizure at the Port of Palermo (Sicily) for technical irregularities related to maritime security.
  • October 2020: The vessel appealed against the blockade.
  • December 2020: The Regional Administrative Court of Palermo stayed the proceedings and referred the case to the Court of Justice of the EU (CJEU).
  • March 2021: The vessel was released pending the outcome of the preliminary ruling.
  • May 2021: The vessel was detained again following an appeal by the Italian Coast Guard.
  • September 2021: The vessel was released and headed for the port of Burriana (Spain) to prepare for further operations.
  • August 2022: The CJEU delivered its preliminary ruling, declaring that rescue at sea is a duty and port state controls must not be used arbitrarily against NGOs in the future. The CJEU also emphasised that Italy cannot demand a certification that does not exist under the German flag. Additionally, the number of rescued persons is not a valid reason for detention. While port state controls may continue to take place, they must be carried out on schedule or with a valid reason.

Start date: June 2019
Status: Acquittal
Key steps:

  • June 2019: The captain was investigated by the Prosecutor of Agrigento (Sicily) for resisting or engaging in violence against warships and for “aiding illegal immigration”. The captain was placed under house arrest in Lampedusa.
  • July 2019: The Court of Agrigento (Sicily) did not validate the arrest, resulting in the captain’s release.
  • January 2020: The Court of Cassation (Rome) rejected the appeal of the Public Prosecutor of Agrigento (Sicily) regarding the validation of the arrest.
  • May 2021: The Prosecutor of Agrigento (Sicily) dismissed the charges against the captain, Carola Rackete.

Start date: June 2019
Status: Acquittal
Key steps:

  • January 2019: The Prosecutor of Catania (Sicily) initiated an investigation against crew members for violating environmental laws, navigation safety, and for “facilitating illegal immigration”.
  • February 2019: The case was discontinued, no further investigations were initiated, and the crew members were cleared of all accusations.

Start date: September 2022
Status: Vessel demolished and recycled
Key steps:

  • September 2022: After having disembarked 428 rescued persons, Sea-Watch 3 was detained following an inspection by the Reggio Calabria Port Authority.
  • November 2022: An appeal against the detention of Sea-Watch 3, including a request for interim measures, was filed with the Administrative Regional Tribunal of Reggio Calabria.
  • January 2023: The court rejected the request for interim measures.
  • April 2023: The ship, granted with a Single Voyage Permission, left the port of Reggio Calabria to reach a scrapyard in Belgium, where it was demolished and recycled.

Start date: March 2021
Status: Vessel released
Key steps:

  • March 2021: The vessel was seized in the port of Augusta (Sicily) and was allowed to proceed to a shipyard in the port of Burriana (Spain) in May 2021.
  • July 2021: The ship became operational again.

Start date: July 2020
Status: Vessel released
Key steps:

  • July 2020: The vessel was subjected to an administrative seizure due to technical irregularities related to maritime security. In September 2020, it was granted a single voyage authorisation to proceed to Burriana (Spain).
  • February 2021: The ship was released.

Start date: May 2019
Status: Vessel released
Key steps:

  • May 2019: The vessel was seized in Lampedusa (Sicily).
  • June 2019: The ship was released.

Start date: June 2019
Status: Vessel released
Key steps:

  • June 2019: The vessel was seized in Lampedusa due to accusations against the captain and the mission head.
  • December 2019: The ship was released.

Start date: March 2024
Status: Procedure pending, vessel released
Key steps:

  • March 2024: After disembarking 77 people, the port authorities detained the vessel for 20 days in the port of Crotone (Calabria) for not following the instructions of the Libyan authorities.
  • March 2024: An appeal was lodged against the detention.
  • April 2024: The Civil court of Crotone released the vessel.

Start date: December 2023
Status: Procedure pending
Key steps:

  • December 2023: After disembarking 46 people, the port authorities detained the vessel in the port of Crotone (Calabria) and imposed a fine of 3,333 EUR on the NGO for not following the instructions of the Libyan Coast Guard and Libyan Maritime Rescue Coordination Centre to leave the area.
  • December 2023: The NGO filed a lawsuit against the detention and the fine.

Start date: July 2018
Status: Acquittal
Key steps:

  • July 2018: The Prosecutor of Trapani (Sicily) opened investigations into individual (former) crew members.
  • March 2021: The prosecutor brought charges against individual (former) crew members for “aiding and abetting illegal immigration”, along with staff members from MSF and Save the Children (see Vos Prudence and Vos Hestia).
  • May 2022: Preliminary court hearings for the 21 former crew members started.
  • June 2022: The proceedings were suspended due to procedural errors by the prosecution.
  • February 2023: The court rejected the request of the Prime Minister’s Office to join the trial as plaintiffs. The Ministry of the Interior was formally admitted as a third party.
  • March 2023: The judge upheld Italy’s jurisdiction and referred the question of territorial competence to the Court of Cassation (Rome).
  • May 2023: The judge rejected previous claims of inadequate evidence sharing. Iuventa’s lawyers submitted a constitutional complaint challenging the legal basis of the crew’s criminalisation for facilitating irregular entry.
  • June 2023: The judge rejected Iuventa’s constitutional complaint.
  • February 2024: The Trapani prosecutor requested the dismissal of the case and the return of the vessel, which had been irreparably damaged.
  • April 2024: The preliminary hearing judge decided to dismiss the case due to insufficient evidence.
  • May 2024: The Trapani tribunal published the reasoning behind the acquittal.

Start date: August 2017
Status: Procedure pending
Key steps:

  • August 2017: The prosecutor initiated a preventive seizure of the ship.
  • August 2017: The ship was ordered to the port of Lampedusa.
  • April 2018: The Supreme Court of Cassation (Rome) confirmed the seizure of the ship.
  • December 2022: After being held in the port of Trapani for five years and abandoned by the harbour master’s office, Iuventa became unseaworthy and was in danger of sinking. The court ordered that extensive maintenance work must be carried out on the ship to restore it to the condition it was in before it was seized in August 2017.
  • February 2023: The Iuventa crew filed a criminal complaint with the Trapani Prosecutor’s Office, requesting an investigation into the abandonment and destruction of the ship.

Start date: October 2020
Status: Procedure pending, vessel released
Key steps:

  • October 2020: The vessel was subjected to an administrative seizure in Olbia (Sardinia) due to technical irregularities related to maritime security, including the transportation of too many passengers.
  • January 2021:  Sea-Eye filed a lawsuit against the Italian Ministry of Transport and the Olbia Port Authority for the blockage.
  • April 2021: The vessel was released pending a decision on the legality of the detention.
  • July 2021: The vessel was sold to the NGO ResQPeople for financial reasons.

Start date: May 2020
Status: Vessel released
Key steps:

  • May 2020: The vessel was subjected to an administrative seizure in Palermo (Sicily) due to technical irregularities related to maritime security.
  • June 2020: The Italian Coast Guard granted a single voyage authorisation to proceed to Spain to fix the issues.
  • August 2020: Sea-Eye filed a lawsuit against the Italian Ministry of Transport and the Palermo Port Authority for the blockage.

Start date: August 2017
Status: Acquittal
Key steps:

  • August 2017: The Prosecutor of Trapani (Sicily) initiated investigations against MSF staff, along with staff from Save the Children and Jugend Rettet staff, for allegedly aiding irregular migration.
  • March 2021: The Prosecutor’s Office in Trapani charged the Vos Hestia crew with accusations of “aiding and abetting illegal migration”.
  • May 2024: The Trapani tribunal published the reasoning behind the acquittal (see ‘Iuventa for more details).

Start date: October 2017
Status: Vessel released
Key steps:

  • October 2017: The police conducted a search on board after an undercover agent worked on the ship.
  • October 2017: The captain was interviewed by the Deputy Prosecutor of Trapani and the investigation was discontinued.

Start date: November 2018
Status: Procedure pending
Key steps:

  • November 2018: The Italian magistrates accused the crew of the ship, along with the crew of the Aquarius vessel, of alleged illegal management of waste before the Criminal Court of Catania.
  • September 2023: The trial opened before the Criminal Court of Catania.

Start date: August 2017
Status: Acquittal
Key steps:

  • August 2017: The Prosecutor of Trapani (Sicily) initiated investigations against MSF staff, along with staff of Save the Children and Jugend Rettet, for allegedly aiding irregular migration.
  • March 2021: The Prosecutor of Trapani (Sicily) concluded its investigations concerning allegations of facilitating irregular migration.
  • May 2021: The MSF staff was summoned to a preliminary hearing before the Criminal Court of Trapani.
  • May 2024: The Trapani tribunal published the reasoning behind the acquittal (see ‘Iuventa’ for more details).

Start date: September 2020
Status: Aircraft released
Key steps:

  • September 2020: The aircraft was grounded by the Italian Civil Aviation Authority for spending too many hours at sea and posing a risk of endangering ongoing SAR operations carried out by state actors and navigation safety in the area.
  • October 2020: The aircraft was released.

Start date: July 2019
Status: Acquittal
Key steps:

  • July 2019: The Prosecutor of Agrigento (Sicily) initiated an investigation against the captain and the mission head for “aiding illegal immigration” and for refusing to obey a warship. The prosecutor imposed a fine of 65,000 EUR on them for violating the Security Decree Bis.

Start date: July 2019
Status: Acquittal
Key steps:

Start date: September 2019
Status: Acquittal
Key steps:

  • September 2019: The Prosecutor of Ragusa (Sicily) initiated an investigation against the captain and the mission head for “aiding illegal immigration”. The prosecutor imposed a fine of 300,000 EUR on them for violating the Security Decree Bis.
  • June 2021: The Court of Ragusa in Sicily lifted the fine of 300,000 EUR imposed on the captain, Claus-Peter Reisch.

Start date: September 2019
Status: Vessel released
Key steps:

Start date: November 2018
Status: Procedure pending
Key steps:

  • November 2018: The Prosecutor of Catania (Sicily) initiated an investigation against staff members of the Aquarius (operating from January 2017 to May 2018) for “illegal management of waste”.
  • September 2023: The trial opened before the Criminal Court of Catania (Sicily).

Start date: November 2018
Status: Vessel released
Key steps:

  • November 2018: The Prosecutor of Catania (Sicily) ordered the seizure of the vessel in absentia (while docked in Marseilles) and the seizure of 200,000 EUR from MSF.
  • January 2019: The Court of Catania (Sicily) annulled the decision on the seizure of 200,000 EUR.

Start date: May 2017
Status: Acquittal
Key steps:

  • May 2017: The Prosecutor’s Office in Palermo initiated investigations against the crew, who were accused of criminal association with the aim of “facilitating illegal immigration” and of alleged connivance with traffickers from Libya.
  • June 2018: The Tribunal of Palermo discontinued the investigation.

Start date: January 2019
Status: Vessel released
Key steps:

  • January 2019: Spanish Maritime Authorities denied permission for the ship to sail due to “violations of maritime regulations”, resulting in the ship being blocked in Spain.
  • April 2019: Spanish authorities allowed the vessel to deliver humanitarian aid to refugee camps in Lesvos and Samos but prohibited it from conducting SAR operations.

Start date: January 2019
Status: Vessel released
Key steps:

  • January 2019: Spanish maritime authorities denied the ship permission to sail due to “violations of maritime regulations”, resulting in the ship being blocked in Spain.
  • April 2019: Spanish authorities allowed the vessel to deliver humanitarian aid to refugee camps in Lesvos and Samos but prohibited it from conducting SAR operations.

Start date: October 2020
Status: Vessel released
Key steps:

  • October 2020: The vessel was blocked at the port of Burriana (Spain) due to registration issues.
  • January 2022: The vessel returned to operation.

Start date: September 2020
Status: Vessel released
Key steps:

  • April 2020: Seizure of the ship on the basis of safety requirements by the German Professional Association for Transport and Traffic, and appeal against the application of the legislative changes.
  • September 2020: The Administrative Court of Hamburg granted the ship permission to set sail.

Start date: April 2019
Status: Vessel released
Key steps:

  • April 2019: The ship was seized for not respecting safety requirements stipulated by the German Professional Association for Transport and Traffic.
  • May 2019: The Administrative Court of Hamburg granted the ship permission to set sail.
  • September 2019: The Higher Administrative Court of Hamburg upheld the decision of the Administrative Court.

Start date: April 2019
Status: Vessel released
Key steps:

  • April 2019: The Dutch government imposed more stringent technical safety requirements for the ship without a transition period and blocked the ship.
  • May 2019: The court in The Hague ruled that the new requirements were legal but that the transitional period was too short. The judges lifted the blockade and suspended the new requirements until 15 August 2019.
  • August 2019: The court in The Hague ruled on the appeal lodged by Sea-Watch and extended the transitional period until December 2019.

Start date: January 2019
Status: Vessel released
Key steps:

  • January 2019: Extensive inspections were mandated by the Dutch authorities, resulting in the ship being blocked in Italy.
  • February 2019: The flag state granted the ship permission to set sail again.

Start date: July 2018
Status: Acquittal
Key steps:

  • July 2018: The Public Prosecutor’s Service accused the captain of not following orders from the Italian Maritime Rescue Coordination Centre and illegally entering Maltese territorial waters.
  • May 2019: The Court of Valletta fined the captain 10,000 EUR for operating a ship that was not properly registered for rescue operations.
  • January 2020: The Court of Appeal of Malta overturned the decision and cleared the captain of all charges.

Start date: June 2018
Status: Vessel confiscated
Key steps:

  • June 2018: Maltese authorities launched investigations due to potential issues with the registration of the ship under the Dutch flag.
  • June 2018: The vessel ‘Lifeline’ was impounded.

Start date: July 2018
Status: Vessel released
Key steps:

  • July 2018: Maltese authorities launched investigations due to potential issues with the registration of the ship under the Dutch flag.
  • December 2018: The ship was released.
  • June 2019:  Sea-Eye was transferred to Hamburg, where it has since served as a documentation ship for SAR.

Start date: July 2018
Status: Vessel released
Key steps:

  • July 2018: Maltese authorities launched investigations due to potential issues with the registration of the ship under the Dutch flag.
  • December 2018: The ship was released.

Start date: July 2018
Status: Vessel released
Key steps:

  • July 2018: Maltese authorities launched investigations due to potential issues with the registration of the ship under the Dutch flag.
  • August 2018: The Dutch government provided a report to the Maltese authorities confirming the correct registration of Sea-Watch 3.
  • October 2018: Sea-watch 3 was cleared to leave Malta after three months of detention.

Start date: July 2018
Status: Vessel released
Key steps:

  • July 2018: Authorities blocked the aircraft due to a lack of permits for SAR operations.
  • October 2018: The aircraft resumed operations.